On-Site Training Proposed Schedule
Investigating Conflicts of Interest
7:30 a.m. - 8:00 a.m.
Registration - Breakfast Pastries
8:00 a.m. - 9:20 a.m.
Introduction and Overview - Legal Elements of Conflicts of Interest
Conflict of interest cases are among the most difficult and important white-collar offenses, and generally occur at the upper levels of an organization. Examples of characteristics of these investigations often include: difficulties in obtaining the cooperation of witnesses, possible disclosure requirements for SEC reporting companies, possible adverse publicity, and possible criminal or civil claims against the company. Learn how to address these challenges and other issues.
9:20 a.m. - 9:35 a.m.
9:35 a.m. - 10:55 a.m.
Typical Conflict of Interest Situations
The specific conflict scenarios described in this session all have common elements, and illustrate the general moral and legal maxim that a person cannot serve “two masters.” The scenarios presented are variations of the rule that a fiduciary, agent or employee must act in good faith, with full disclosure, in the best interest of the principal.
10:55 a.m. - 11:10 a.m.
11:10 a.m. - 12:30 p.m.
Document Collection - Organization and Analysis The first step after debriefing an informant in most conflict investigations is to obtain and review pertinent documents. These vary according to the case, of course, but categories such as internal company records, public records, and non-public external documents are almost always important. Once the relevant data and documents have been obtained, the investigation team must analyze the content.
12:30 p.m. - 1:30 p.m.
1:30 p.m. - 2:50 p.m.
Financial InvestigationIn this part of the investigation we strive to prove illicit income circumstantially by showing that the subject’s assets or expenditures for a given period exceed that which can be accounted for from admitted sources of income. We will explore how to assemble the financial profile and identify all major assets and liabilities, sources of income, and major expenses during the relevant period.
2:50 p.m. - 3:05 p.m.
3:05 p.m. - 4:25 p.m.
Counterclaims and Fidelity Bonds - Civil ActionsDefendants in high-stakes fraud cases will generally threaten civil claims against the company or the investigators. This is done to use intimidate in an effort to stop the investigation, or to create side issues at trial. Investigators who engage in unprofessional, malicious or excessive acts could subject the investigator to damages.